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(영문) 대전지방법원 2018.09.12 2016가단207956
구상금 등 청구의 소
Text

1. Defendant B Co., Ltd.: (a) on April 7, 2016, Plaintiff Korea Technology Finance Corporation KRW 90,617,029 and KRW 90,616,94 among them.

Reasons

Basic Facts

On September 9, 2013, Plaintiff Korea Technology Finance Corporation and Defendant B Co., Ltd. (hereinafter “Defendant Company”) entered into a credit guarantee agreement with the credit guarantee principal of KRW 90,00,000, and the credit guarantee term until September 5, 2014. The Plaintiff jointly and severally guaranteed the agreement.

Plaintiff

On September 9, 2013, the Korea Technology Finance Corporation issued a guarantee number D, 90,000,000, and the guarantee period on September 5, 2014 to the three branches of the Bank of Korea on September 9, 2013 under the aforementioned credit guarantee agreement (the guarantee period is changed to September 2, 2016), and the Defendant Company borrowed KRW 90,000,000 from the said bank as a loan for corporate working capital.

However, on February 29, 2016, the credit guarantee accident occurred in which the Defendant Company delayed payment of the interest in arrears of the loan, and the Plaintiff Korea Technology Finance Corporation subrogated the bank 90,745,794 won on April 7, 2016.

After that, 128,800 won is recovered and the balance is 90,616,994 won, and the final delay damages incurred in relation to the collected amount are 35 won.

The rate of damages for delay applicable to the above credit guarantee agreement shall be 10% per annum as of April 7, 2016, the date of subrogation.

On January 29, 2016, Plaintiff A, a joint and several surety, owned the attached real estate indicated in the attached Form A. On February 2, 2016, Plaintiff C entered into a donation agreement with Defendant C, his spouse, and completed the registration of ownership transfer (Seoul District Court Receipt No. 9859) on the above real estate on February 2, 2016.

On January 29, 2016, Plaintiff A did not own particular real estate other than attached real estate, which is an apartment.

Attached Form

The market price of indicated real estate was 185,000,000 won as of January 29, 2016, and 200,000,000 won as of May 18, 2018.

Attached Form

In the marked real estate, the secured debt amount of KRW 140,400,000, the maximum debt amount, which is the plaintiff A and the secured mortgage holders, was set up.

Plaintiff

A.

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